crim 2316 chapter 7, 8 classification election

Delay into getting to trial

• every person charged with offence has right to be tried within reasonable time — s.11(b)

• clock for this right begins when crown charges accused

Reasonableness of delay clock runs from:

• date charge is laid to ‘anticipated’/actual end of trial 

who does delay of trial benefit

• benefits the accused

• (constitutional law)

Pre-trial custody credit

• during delay u can build pre-trial custody credits — 1.5 yrs = 2.25 yrs -> 5yr custody at end turns into 2.75 yrs

Formula for assessing (un)reasonableness of delay

• for provincial lower court — 18 month delay is presumptively unreasonable (18 months max = provincial lower court)

• for superior court — 30 month delay is presumptively unreasonable (30 months max = superior court)

What “presumptively” means

• crown may try to prove that delay was reasonable

  • E.g. Cause of exceptional circumstances (meaning outside crown’s control)

accused can cause delay

• defence-based delay, delay caused gets subtracted from total (accused causes 2 month delay so = 32 month max or wtv)

remedy for unreasonable delay

• usually result in stay of proceedings pursuant to s.24(1) of charter (loses jurisdiction of person)